Supreme Court hears "partial ban abortion" case

The last major abortion ruling came in 1992, when the court ruled in Planned Parenthood of Southeastern Pennsylvania vs. Casey states could not place an undue burden on a woman's choice to have an abortion.

The state of Nebraska argues since safe alternatives to D&X would remain legal, the partial-birth abortion ban would not create such an undue burden. Nebraska argues the procedure warrants state regulation because it "blurs the distinction between abortion and infanticide," according to the brief submitted by state Attorney General Don Stenberg.

Abortion rights supporters argue legislators should not determine what is medically necessary and safe.

ABC News reports court watchers say the balance on the court these days leans toward abortion rights supporters. Although justices Ruth Bader Ginsburg and Stephen G. Breyer took their seats on the bench after the 1992 Casey decision and have yet to cast major votes in this area, neither are considered threats to abortion rights. Instead, the justices who so often find themselves in the middle, Sandra Day O'Connor and Anthony Kennedy, will likely be the swing votes in this case as well.

Abortion rights supporters, the American Civil Liberties Union, states including New York, Maine, Oregon and Vermont, 80 members of Congress and a handful of medical groups including the American College of Obstetricians and Gynecologists and the American Nurses Association filed briefs opposing the ban.

Anti-abortion groups, 30 members of Congress and states including Texas, Wisconsin, and Virginia join Nebraska in support of the ban.

A decision is expected in July.

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